Woo v. American Honda Motor Co., Inc.

Opinion

1 2 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 TONY WOO, et al., Case No. 19-cv-07042-MMC 7 Plaintiffs, ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS; 8 V. VACATING HEARING INC., 10 Defendant. 11 12 Before the Court is defendant's Motion to Dismiss, filed January 30, 2020,

2 13 || whereby defendant, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil © 0 14 Procedure, seeks dismissal of plaintiffs' initial complaint. On February 13, 2020, plaintiffs Oo 15 || filed a First Amended Complaint.

Q 16 A party may amend a pleading "once as a matter of course within . . . 21 days after Cc @ 17 || service of a responsive pleading or 21 days after service of a motion under Rule 12(b), 18 || (e), or (f), whichever is earlier." See Fed. R. Civ. P. 15(a)(1). "[A]n amended pleading 19 || supersedes the original, the latter being treated thereafter as non-existent." Bullen v. De 20 || Bretteville, 239 F.2d 824, 833 (9th Cir. 1956), cert. denied, 353 U.S. 947 (1957). 21 In the instant case, plaintiffs filed their First Amended Complaint within 21 days 22 || after service of defendant's motion to dismiss, and, consequently, were entitled to amend 23 || as of right. See Fed. R. Civ. P. 15(a)(1). 24 Accordingly, the Court hereby DENIES as moot defendant's motion to dismiss the 25 || initial complaint and VACATES the hearing scheduled for March 6, 2020. 27 Dated: February 27, 2020 : INE M. CHESNEY 28 United States District Judge